(4A)
An instrument made under paragraph (2)(a) or (b) after the
commencement of this subsection is a legislative instrument, but
section 42 (disallowance) of the Legislative Instruments
Act 2003 does not apply to the instrument.

(1) If the operation of section 52EA would result in an
acquisition of property from a person otherwise than on just terms,
the Commonwealth is liable to pay a reasonable amount of
compensation to the person.

(2) If the Commonwealth and the person do not agree on the
amount of the compensation, the person may institute proceedings in
the Federal Court for the recovery from the Commonwealth of such
reasonable amount of compensation as the court determines.

(3) In this section:

acquisition of property has the
same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning
as in paragraph 51(xxxi) of the Constitution.